[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12406]


[[Page Unknown]]

[Federal Register: May 20, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-94-023]
RIN 2115-AE47

 

Drawbridge Operation Regulations; Pamunkey River, West Point, VA

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard is issuing a revised proposed rule for the 
operation of the drawbridge, SR 33, across Pamunkey River, mile 1.0, 
located in West Point, Virginia. The original Notice of Proposed 
Rulemaking eliminated bridge openings to all vessels between the hours 
of 7 a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6 p.m. Monday 
through Friday, except Federal holidays. The revised supplemental 
proposed rule restricts only commercial fishing and crabbing vessels 
and recreational vessels from opening the bridge between the hours of 7 
a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6 p.m. The remaining 
times those vessels are restricted to opening the bridge on the hour, 
Monday through Friday, except Federal holidays. The proposed changes to 
these regulations are, to the extent practical and feasible, intended 
to provide for regularly scheduled drawbridge openings to help reduce 
motor vehicle traffic delays and congestion on the roads and highways 
linked by this drawbridge, while still providing for the reasonable 
needs of navigation.

DATES: Comments must be received on or before July 19, 1994.

ADDRESSES: Comments may be mailed to Commander (ob), Fifth Coast Guard 
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, or may 
be delivered to room 109 at the same address between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(804) 398-6222. Comments will become part of this docket and will be 
available for inspection or copying at room 109, Fifth Coast Guard 
District.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, (804) 
398-6222.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD05-94-023) and the specific section of 
this proposal to which each comment applies, and give the reason for 
each comment. The Coast Guard requests that all comments and 
attachments be submitted in an unbound format suitable for copying and 
electronic filing. If not practical, a second copy of any bound 
material is requested. Persons wanting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Commander (ob) at the address under 
ADDRESSES. The request should include reasons why a hearing would be 
beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and placed announced by a later notice in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this document are bill 
H. Brazier, Project Officer, and LT Monica L. Lombardi, Project 
Attorney, Fifth Coast Guard District.

Background and Purpose

    The original proposal was published on November 26, 1993, in the 
Federal Register (58 FR 62303). Public Notice 5-818 was distributed for 
comment November 8, 1993. Both Notices announced that a proposal was 
being considered to restrict openings of the Eltham Bridge to all 
vessels during morning, noon, and evening rush hours, between the hours 
of 7 a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6 p.m., Monday 
through Friday, except Federal holidays. The bridge would continue to 
open on signal at all other times.
    As a result of the proposed rule and the public notice, comments 
were received from the maritime community and the motoring public. The 
motorists all were in favor of the proposed restrictions during peak 
traffic hours to reduce traffic disruption, delays, congestion and 
minor accidents. The commercial marine industry was opposed to 
restricting the openings, based on economic impact concerns, safety and 
tidal navigational requirements.
    Following further investigation by the Coast Guard, it was 
determined that the major cause of traffic congestion due to bridge 
lifts for the Eltham Bridge was contributed to by commercial fisherman, 
crabbers and recreational boaters requesting frequent bridge lifts 
during rush hour traffic periods. These mariners, for the most part, 
could pass through without a bridge lift, by lowering their antennae. 
The remainder of the maritime industry, consisting of piloted vessels 
and large tugs and barges, passing through this bridge is very 
sporadic. The bridge tender's logs only reflected 4 or 5 bridge lifts 
per month for these vessels.
    The Virginia Department of Transportation, in an effort to improve 
this situation, has requested these revised proposed regulations. It 
agreed to changing the original request by excluding larger classes of 
maritime vessels from the restrictions, and to placing new restrictions 
on commercial fishing and crabbing vessels and recreational vessels 
which create most of the problems.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential cost and benefits under section 6(a)(3) of that order. It has 
been exempted from review by the Office of Management and Budget under 
the order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This finding is based on the fact that most commercial 
marine interest are exempt from the restrictions. The new small fishing 
boats that will be affected will not be unduly restricted from using 
the bridge since hourly openings will be provided and the majority of 
these vessels can pass beneath the bridge by lowering their antennas.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include independently owned and operated 
small businesses that are not dominant in their field and that 
otherwise qualify as ``small business concerns'' under section 3 of the 
Small Business Act (15 U.S.C. 632). Even though commercial crabbers and 
small fishing vessel operators would be restricted under the proposed 
regulations, the Coast Guard believes the proposed opening schedule for 
these operators is not unduly restrictive. These vessel operators can 
still crab and fish, but they will have to time their requests for 
openings of the bridge to coincide with the proposed new schedule. This 
should not cause any economic hardship. Because it expects the impact 
of this proposal to be minimal, the Coast Guard certifies under 5 
U.S.C. 605(b) that this proposal, if adopted, will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612, and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under section 2.B.2.g.(5) of Commandant 
Instruction M16475.1B, this rule is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination 
statement has been prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend part 117 of Title 33, Code of Federal Regulations as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05.1(g).

    2. Section 117.1023 is added to read as follows:


Sec. 117.1023  Pamunkey River.

    (a) The draw of the Eltham Bridge (SR33/30), mile 1.0, located in 
West Point, Virginia, shall open on signal; except that, the bridge 
need not open for commercial crabbing and fishing vessels and 
recreational vessels on Mondays through Fridays, except Federal 
Holidays, from 7 a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6 
p.m.; at all other times, the bridge will open for these vessels only 
on the hour, Monday through Friday, except Federal holidays.
    (b) Public vessels of the United States and vessels in an emergency 
involving danger to life or property shall be passed at any time.

    Dated: May 2, 1994.
W.T. LeLand,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 94-12406 Filed 5-19-94; 8:45 am]
BILLING CODE 4910-14-M